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DECAIRE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

57 A.D.3d 823 (2008)

870 N.Y.S.2d 406

DARREN G. DECAIRE, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents, and TDX CONSTRUCTION CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. AMERICAN STEEL ERECTORS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured while working on a construction site where steel I-beams were being unloaded from a truck and placed onto the ground by a crane. After the last beam was unloaded by the crane operator, workers released the crane hooks and the plaintiff began to shore up the beam with pieces of wood in order to stabilize it on the ground. As the plaintiff was kneeling next to...

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